The terms and conditions governing your use of the Still Point Agency website and your engagement with our marketing services.
These Terms of Service ("Terms") constitute a legally binding agreement between you and Still Point Agency ("Still Point," "we," "us," or "our"), a digital marketing agency located in Irving, Texas. These Terms govern your access to and use of our website at stillpoint.agency (the "Site"), including our free audit tool, and your engagement with us as a client.
By accessing or using our Site, submitting information through any form on our Site, booking a consultation, or entering into a client services agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not use our Site or services. If you are accessing our Site or services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email to active clients and by updating the "Last updated" date on this page. Your continued use of our Site or services after any modification constitutes acceptance of the updated Terms.
Still Point Agency provides digital marketing services exclusively to medical aesthetics and wellness practices. Our services include but are not limited to:
The specific scope of services for each client is defined in a separate written agreement or Statement of Work executed between the parties. These Terms apply to all such engagements in addition to any terms contained in that agreement. In the event of a conflict between these Terms and a signed client agreement, the signed client agreement governs.
Still Point Agency will perform all services with professional care and expertise. However, we cannot and do not guarantee specific outcomes including but not limited to specific search rankings, traffic volumes, lead volumes, conversion rates, or revenue generated. Digital marketing results depend on many factors outside our control including search engine algorithm changes, market conditions, competitor actions, and the client's own business operations and responsiveness. We will provide honest reporting and will communicate transparently when strategies need to be adjusted.
Our free website audit tool is provided as a marketing tool and informational resource. When you submit a URL and email address to our audit tool, you agree to the following:
Audit reports are generated using automated analysis and artificial intelligence. While we use reputable third-party data sources including DataForSEO and Google PageSpeed Insights, the results are approximate and may not reflect every aspect of a website's performance. Audit scores and findings should be considered directional guidance, not definitive technical assessments. Certain data may be unavailable for some websites due to technical restrictions, and in those cases, affected categories may receive conservative scores.
By submitting your website URL and email address, you consent to:
You may unsubscribe from marketing communications at any time. Unsubscribing will not affect your ability to use our Site.
The free audit tool is provided "as is" without warranty of any kind. Still Point Agency is not liable for any decisions made based on audit results, for errors or omissions in audit reports, or for any technical issues that may affect the availability or accuracy of the tool.
Client engagements begin with a signed agreement or written confirmation of terms specifying the service scope, monthly retainer amount, and engagement period. All engagements include an initial three-month launch period during which foundational work is completed. Following the launch period, engagements continue on a month-to-month basis unless a different term is specified in the client agreement.
Clients are responsible for:
Still Point Agency is responsible for delivering agreed services with professional skill and care, providing monthly performance reporting, communicating proactively about strategy changes and performance issues, and maintaining the confidentiality of client information.
Monthly retainer fees are specified in each client's agreement. Fees are billed monthly in advance. Ad spend is not included in retainer fees -- clients pay advertising costs directly to the applicable platforms (Google Ads, Meta Ads). Still Point Agency does not mark up ad spend.
Invoices are issued on the first business day of each month. Payment is due within 10 business days of invoice date. Still Point Agency accepts payment via ACH bank transfer, credit card, or other methods specified in the client agreement.
Accounts more than 15 days past due may result in suspension of services until the outstanding balance is paid. Still Point Agency reserves the right to charge a late fee of 1.5% per month on balances outstanding more than 30 days. Still Point Agency shall not be liable for any performance degradation or missed deliverables resulting from service suspension due to non-payment.
Monthly retainer fees are earned on a pro-rata basis as services are delivered. Fees for services already delivered are non-refundable. If a client terminates the engagement mid-month, fees for services rendered through the termination date are due and payable. Still Point Agency may issue a pro-rated refund for the portion of the month in which no services were delivered, at its discretion.
Still Point Agency may adjust retainer fees with 60 days written notice to the client. Clients who do not agree to the new fees may terminate the engagement with 30 days written notice prior to the effective date of the fee change.
The Still Point Agency website, including its design, code, copy, graphics, and all other content, is owned by Still Point Agency and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any portion of our Site without our express written permission.
Still Point Agency retains ownership of its proprietary methodologies, processes, templates, systems, and know-how developed in the course of providing services. These are not transferred to clients as part of any engagement.
Upon receipt of full payment for services, Still Point Agency assigns to the client ownership of the specific deliverables created for that client, including website content, landing pages, blog posts, social media content, and similar creative work product ("Deliverables"). This assignment does not include:
All platform accounts created or managed on behalf of clients (Google Ads, Meta Business Manager, Google Analytics, Google Search Console, Google Business Profile, and similar) are created in the client's name and remain the client's property. Still Point Agency accesses these accounts as an authorized manager or administrator. Upon termination of the engagement, Still Point Agency will remove its access within 10 business days of the termination date.
Still Point Agency firmly believes that clients should own their own marketing infrastructure. This is a core principle of how we operate.
You own your data. All platform accounts, ad accounts, website files, CRM data, and creative deliverables paid for by the client belong to the client. Still Point Agency will never hold your assets hostage or make it difficult to transition away from our services.
Clients grant Still Point Agency permission to access, modify, and manage client-owned platforms and assets solely for the purpose of delivering contracted services. This permission is revocable upon termination of the engagement.
Still Point Agency will not use client platform access, creative assets, patient data, or performance data for any purpose other than delivering services to that client. Client data will not be shared with other clients or used in any aggregate analysis that could identify the client without explicit consent.
Both parties acknowledge that in the course of the engagement, each may receive confidential information about the other. "Confidential Information" means any non-public information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of the engagement for a period of three years.
Still Point Agency treats all client business information -- including revenue data, patient volume, marketing performance, competitive strategies, and device investments -- as confidential. We do not share client-specific information with competitors or the general public without explicit written consent.
Still Point Agency may request permission to use client results as case studies or testimonials in our marketing materials. We will never publish identifiable client information without express written consent. Clients may grant or withhold this consent without any effect on service delivery.
By engaging Still Point Agency's services, clients represent and warrant that:
Still Point Agency represents and warrants that:
To the maximum extent permitted by applicable law, Still Point Agency's total liability to any client for any claim arising out of or relating to these Terms or the services provided shall not exceed the total fees paid by that client to Still Point Agency in the three months immediately preceding the claim.
Still Point Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profits, loss of patients, or business interruption, even if we have been advised of the possibility of such damages.
Still Point Agency is not liable for:
Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.
Clients agree to indemnify, defend, and hold harmless Still Point Agency and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
Still Point Agency agrees to indemnify clients from claims arising from our own negligence or willful misconduct in delivering services.
After the initial three-month launch period, clients may terminate the engagement with 30 days written notice. Notice must be sent to hello@stillpoint.agency. Services will continue through the end of the notice period and fees for that period are due and payable.
Still Point Agency may terminate an engagement immediately, without notice, if:
Still Point Agency may also terminate an engagement with 30 days written notice for any reason.
Upon termination:
In the event of any dispute arising from these Terms or any client engagement, the parties agree to first attempt to resolve the dispute through good faith negotiation. The party raising the dispute shall provide written notice describing the issue, and the parties shall have 30 days to attempt to reach a mutually acceptable resolution.
If good faith negotiation does not resolve the dispute within 30 days, the parties agree to submit the dispute to non-binding mediation in Collin County, Texas, before pursuing litigation. The cost of mediation shall be shared equally between the parties.
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any litigation arising from these Terms that is not resolved through mediation shall be brought exclusively in the state or federal courts located in Collin County, Texas, and the parties consent to personal jurisdiction in those courts.
You agree that any dispute will be resolved on an individual basis and not as a class action, class arbitration, or other representative proceeding.
These Terms, together with our Privacy Policy and any signed client agreement, constitute the entire agreement between you and Still Point Agency regarding our Site and services, and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver by either party of any breach of these Terms shall not be construed as a waiver of any subsequent breach.
Clients may not assign their rights or obligations under these Terms without our prior written consent. Still Point Agency may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Still Point Agency is an independent contractor. Nothing in these Terms or any client engagement creates an employment relationship, partnership, joint venture, or agency relationship between the parties.
Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, governmental actions, internet or platform outages, or pandemic conditions.
Questions about these Terms or our services should be directed to:
Email: hello@stillpoint.agency
Website: stillpoint.agency
Location: Irving, Texas, USA
For contract-related inquiries, please include "CONTRACT" in your email subject line. We will respond within 5 business days.